No Stolen Trademarks Honored in America Act

II 117TH CONGRESS 1ST SESSION S. 1748 To modify the prohibition on recognition by United States courts of certain rights relating to certain marks, trade names, or commercial names. IN THE SENATE OF THE UNITED STATES MAY 20, 2021 Mr. MENENDEZ (for himself and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To modify the prohibition on recognition by United States courts of certain rights relating to certain marks, trade names, or commercial names. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘No Stolen Trademarks 4 Honored in America Act’’. 5 SEC. 2. MODIFICATION OF PROHIBITION. 6 Section 211 of the Department of Commerce and Re- 7 lated Agencies Appropriations Act, 1999 (as contained in 8 section 101(b) of division A of Public Law 105–277; 112 9 Stat. 2681–88) is amended— 10 VerDate Sep 11 2014 02:41 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1748.IS S1748 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1748 IS (1) in subsection (a)(2)— 1 (A) by striking ‘‘by a designated national’’; 2 and 3 (B) by inserting before the period at the 4 end the following: ‘‘that was used in connection 5 with a business or assets that were confiscated 6 unless the original owner of the mark, trade 7 name, or commercial name, or the bona fide 8 successor-in-interest has expressly consented’’; 9 (2) in subsection (b), by striking ‘‘by a des- 10 ignated national or its successor-in-interest’’; 11 (3) by redesignating subsection (d) as sub- 12 section (e); 13 (4) by inserting after subsection (c) the fol- 14 lowing: 15 ‘‘(d) Subsections (a)(2) and (b) of this section shall 16 apply only if the person or entity asserting the rights knew 17 or had reason to know at the time when the person or 18 entity acquired the rights asserted that the mark, trade 19 name, or commercial name was the same as or substan- 20 tially similar to a mark, trade name, or commercial name 21 that was used in connection with a business or assets that 22 were confiscated.’’; and 23 (5) in subsection (e), as so redesignated, by 24 striking ‘‘In this section:’’ and all that follows 25 VerDate Sep 11 2014 02:41 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1748.IS S1748 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1748 IS through ‘‘(2) The term’’ and inserting ‘‘In this sec- 1 tion, the term’’. 2 Æ VerDate Sep 11 2014 02:41 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1748.IS S1748 kjohnson on DSK79L0C42PROD with BILLS